Administrative License Suspension in Warren, Trumbull County, Ohio

Understanding the Basics of ALS

When a driver in Ohio is arrested for OVI (Operating a Vehicle Impaired), their driver’s license is often suspended by the Bureau of Motor Vehicles (BMV). This suspension is known as an Administrative License Suspension (ALS). Drivers receive an ALS if their blood alcohol content (BAC) exceeds the legal limit or if they refuse to undergo chemical testing, such as blood, breath, or urine tests.

The Notification Process

During an arrest, the officer informs the driver about the ALS through the BMV Form 2255, a document that must be read to the driver. The arresting officer will retain the driver’s license at this time.

Legal Grounds for ALS

The Ohio Revised Code, specifically Section 4511.19, outlines the conditions under which an ALS can be enforced. It provides definitions and sets forth the circumstances that warrant an ALS.

Challenging an ALS

Receiving an ALS does not automatically mean you have permanently lost your license. A skilled Warren OVI lawyer, such as Sean Logue, can review the specifics of your case and present arguments during the ALS hearing to potentially terminate the suspension. Here are some reasons the law in Ohio allows a judge to set aside an ALS:

• No Probable Cause: The driver was arrested without probable cause or reasonable grounds.
• Within Legal Limits: The driver underwent chemical testing, and the results were within legal limits.
• Medical Conditions: The driver had a medical condition, such as asthma, affecting their ability to complete the test.
• Improper Notification: The arresting officer did not properly inform the driver about the law regarding implied consent.

Filing an Appeal

Your Warren criminal lawyer will file an appeal for the ALS either at your arraignment or shortly thereafter. The following arguments may be used to persuade the judge to lift the suspension:

• Form Errors: Mistakes made by the officer when completing Form 2255.
• Unchecked Box: The box on Form 2255 indicating “Was placed under an Administrative License Suspension” was not checked.
• Attestation Issues: The officer did not correctly attest to the statements on the Form 2255.
• Notarization Problems: The BMV did not receive a properly notarized copy of Form 2255, or the notarization was incomplete.
• Execution Errors: Any other improper execution of Form 2255.
• Alterations: Changes made to Form 2255 between issuance to the driver and filing with the court.

Potential Outcomes

If Form 2255 was incorrectly completed, the judge might reinstate your license based on the presented arguments.

By understanding these key aspects and having a knowledgeable Warren criminal lawyer by your side, you can effectively challenge an ALS and potentially regain your driving privileges.

ALS Requirements

Upon the arrest of a driver for OVI (Operating a Vehicle Impaired), the arresting officer must complete specific paperwork to initiate the suspension of the driver’s license.

First-Time Refusal to Submit to Chemical Testing

According to the Ohio Revised Code, Section 4511.191(B)(2), an Administrative License Suspension (ALS) can be lifted for a first-time refusal to undergo chemical testing once the offender pleads no contest or guilty, with time served credited against the suspension. However, per Section 4511.191(D) of the Ohio Revised Code, being found not guilty after a trial does not impact the ALS suspension.

A driver who has refused chemical testing three or more times within the past six years will not have the ALS rescinded. This is specified in the Ohio Revised Code, Section 4510.13(A)(3).

Section 4511.191(A)(2) addresses implied consent, stating that anyone operating a vehicle is deemed to have given consent to chemical testing upon a law enforcement officer’s request, provided the officer has reasonable suspicion that the driver was operating the vehicle while intoxicated.

Length of ALS Due to Refusal to Submit to Testing

When a person’s license is administratively suspended, two factors are considered to determine the length of the suspension:

• Whether the driver failed or refused to take a chemical test.
• The number of previous refusals within the last six years.

Suspension Lengths for Refusing Chemical Testing

The Ohio Revised Code, Section 4511.191(B), outlines the following suspension durations for those who refuse chemical testing:

• First Refusal within 6 Years: Class C suspension for one year, with driving privileges after 30 days.
• Second Refusal within 6 Years: Class B suspension for two years, with driving privileges after 90 days.
• Third Refusal within 6 Years: Class A suspension for three years, with driving privileges after one year.
• Fourth and Subsequent Refusals within 6 Years: Suspension for five years, with driving privileges after three years.

Suspension Lengths for Failing Chemical Testing

If an individual submits to chemical testing but fails, the following suspension lengths apply:

• First Offense: 90 days of suspension.
• Second Offense: One year of suspension.
• Third Offense: Two years of suspension.
• Fourth Offense: Three years of suspension.

If your license has been administratively suspended, there is still hope. Contact us or Call Sean Logue at (330) 992-3036 for assistance.